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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS

DIVISION 1

GENERAL DEFINITIONS AND RULEMAKING

461-001-0000

Definitions for Chapter 461

Defined terms are often italicized throughout
this chapter of rules. If a defined term is accompanied by a cross-reference to
a rule defining the term, subsequent usages of that term in the same rule refer
to the same definition cross-referenced earlier in the rule. In this chapter of
rules, unless the context indicates otherwise:

(1) A reference to Division,
Adult and Family Services Division (or AFS), Senior and Disabled Services Division
(or SDSD), or any other agency formerly part of the Department of Human Services
means the Department of Human Services (DHS), except:

(a) The rule in which reference
occurs only regulates programs covered by OAR chapter 461.

(2) "Address Confidentiality
Program" (ACP) means a program of the Oregon Department of Justice, which provides
a substitute mailing address and mail forwarding service for ACP participants who
are victims of domestic violence (see section (24) of this rule), sexual assault,
or stalking.

(3) "Adjusted income" means
the amount determined by subtracting income deductions from countable (see section
(18) of this rule) income (see OAR 461-140-0010). Specific rules on the deductions
are in OAR chapter 461, division 160.

(4) "Adoption assistance"
means financial assistance provided to families adopting children with special needs.
"Adoption assistance" may be state or federally funded. Federal adoption assistance
is authorized by the Adoption Assistance and Child Welfare Act of 1980 (Pub. L.
No. 96-272, 94 Stat. 500 (1980)). State adoption assistance is authorized by ORS
418.330 to 418.335.

(5) "Assets" mean income
and resources.

(6) "Basic decision notice"
means a decision notice (see section (20) of this rule) mailed no later than the
date of action given in the notice.

(7) "Branch office" means
any Department or AAA (Area Agency on Aging) office serving a program covered by
this chapter of rules.

(8) "Budgeting" means the
process of calculating the benefit level.

(9) "Budget month" means
the calendar month from which nonfinancial and financial information is used to
determine eligibility (see section (27) of this rule) and benefit level for the
payment month (see section (50) of this rule).

(10) "Cafeteria plan" means
a written benefit plan offered by an employer in which:

(a) All participants are
employees; and

(b) Participants may choose,
cafeteria-style, from a menu of two or more cash or qualified benefits. In this
context, qualified benefits are benefits other than cash that the Internal Revenue
Service does not consider part of an employee's gross income. Qualified benefits
include, but are not limited to:

(11) "Capital asset" means
property that contributes toward earning self-employment income, including self-employment
income from a microenterprise (see section (43) of this rule), either directly or
indirectly. A "capital asset" generally has a useful life of over one year and a
value, alone or in combination, of $100 or more.

(12) "Caretaker" means an
individual who is responsible for the care, control, and supervision of a child
(see section (15) of this rule). The status of "caretaker" ends once the individual
no longer exercises care, control, and supervision of the child for 30 days.

(13) "Caretaker relative"
means a caretaker (see section 12 of this rule) who meets the requirements of one
of the following subsections:

(a) Is one of the following
relatives of the dependent child (see section (22) of this rule):

(A) Any blood relative, including
those of half-blood, and including first cousins, nephews, or nieces, and individuals
of preceding generations as denoted by prefixes of grand, great, or great-great.

(B) Stepfather, stepmother,
stepbrother, and stepsister.

(C) An individual who legally
adopts the child and any individual related to the individual adopting the child,
either naturally or through adoption.

(b) Is or was a spouse (see
section (62) of this rule) of an individual listed in subsection (a) of this section.

(c) Met the definition of
"caretaker relative" under subsection (a) or (b) of this section before the child
was adopted (notwithstanding the subsequent adoption of the child).

(14) "Certification period"
means the period for which an individual is certified eligible for a program.

(15) "Child" includes natural,
step, and adoptive children. The term "child" does not include an unborn.

(a) In the ERDC program,
a "child" need not have a biological or legal relationship to the caretaker but
must be in the care and custody of the caretaker, must meet the citizenship or alien
status requirements of OAR 461-120-0110, and must be:

(A) Under the age of 18;
or

(B) Under the age of 19 and
in secondary school or vocational training at least half time.

(b) In the GA and OSIP programs,
a "child" is an individual under the age of 18.

(c) In the OSIPM and QMB
programs, "child" means an unmarried individual living with a parent (see section
(49) of this rule) who is:

(A) Under the age of 18;
or

(B) Under the age of 22 and
attending full-time secondary, postsecondary or vocational-technical training designed
to prepare the individual for employment.

(d) In the REF and REFM programs,
a "child" is:

(A) An individual under the
age of 18; or

(B) An individual who is
18 years of age and attending secondary school full-time or pursuing a GED full-time.

(16) "Community based care"
is any of the following:

(a) Adult foster care —
Room and board and 24 hour care and services for the elderly or for people with
disabilities 18 years of age or older. The care is contracted to be provided in
a home for five or fewer clients.

(b) Assisted living facility
— A program approach, within a physical structure, which provides or coordinates
a range of services, available on a 24-hour basis, for support of resident independence
in a residential setting.

(c) In-home Services —
Individuals living in their home receiving services determined necessary by the
Department.

(d) Residential care facility
— A facility that provides residential care in one or more buildings on contiguous
property for six or more individuals who have physical disabilities or are socially
dependent.

(e) Specialized living facility
— Identifiable services designed to meet the needs of individuals in specific
target groups which exist as the result of a problem, condition, or dysfunction
resulting from a physical disability or a behavioral disorder and require more than
basic services of other established programs.

(f) Independent choices —
In-Home Services program wherein the participant is given cash benefits to purchase
self-directed personal assistance services or goods and services provided pursuant
to a written service plan (see OAR 411-030-0020).

(17) "Continuing benefit
decision notice" means a decision notice that informs the client of the right to
continued benefits and is mailed in time to be received by the date benefits are,
or would be, received.

(18) "Countable" means that
an available asset (either income or a resource) is not excluded and may be considered
by some programs to determine eligibility.

(19) "Custodial parents"
mean parents who have physical custody of a child. "Custodial parents" may be receiving
benefits as dependent children or as caretaker relatives for their own children.

(20) "Decision notice" means
a written notice of a decision by the Department regarding an individual's eligibility
for benefits in a program.

(21) "Department" means the
Department of Human Services (DHS).

(22) "Dependent child" in
the TANF program means an individual who has not been legally emancipated and who
is one of the following:

(a) An individual who is
not a caretaker relative (see section (13) of this rule) of a child in the household,
is unmarried or married but separated, and is under the age of 18, or 18 years of
age and a full time student in secondary school or the equivalent level of vocational
or technical training; or

(b) A minor parent (see section
(44) of this rule) whose parents have chosen to apply for benefits for the minor
parent. This does not apply to a minor parent who is married and living with his
or her spouse.

(23) "Disability" means:

(a) In the SNAP program,
see OAR 461-001-0015.

(b) In the REF, SFPSS, TA-DVS,
and TANF programs, for purposes other than determining eligibility:

(A) An individual with a
physical or mental impairment that substantially limits the individual's ability
to meet the requirements of the program; or

(B) An individual with a
physical or mental impairment that substantially limits one or more major life activities,
a record of such impairment, or who is regarded as having such an impairment as
defined by the Americans with Disabilities Act (42 USC 12102; 28 CFR 35.104).

(24) "Domestic violence"
means the occurrence of one or more of the acts described in subsections (a) to
(d) of this section between family members, intimate partners, or household members:

(D) Individuals who are cohabitating
or have cohabited with each other;

(E) Individuals who have
been involved in a sexually intimate or dating relationship; or

(F) Unmarried parents of
a child.

(25) "Domestic violence shelters"
are public or private nonprofit residential facilities providing services to victims
of domestic violence. If the facility serves other people, a portion must be used
solely for victims of domestic violence.

(26) "Electronic application"
is an application electronically signed and submitted through the Internet.

(27) "Eligibility" means
the decision as to whether an individual qualifies, under financial and nonfinancial
requirements, to receive program benefits.

(29) "Fair market value"
means the amount an item is worth on the open market.

(30) "Family stability" in
the JOBS, Pre-TANF, Post-TANF, SFPSS, TA-DVS, and TANF programs means the characteristics
of a family that support healthy child development, including parental mental health,
drug and alcohol free environment, stable relationships, and a supportive, flexible,
and nurturing home environment.

(31) "Family stability activity"
in the JOBS, Pre-TANF, Post-TANF, SFPSS, TA-DVS, and TANF programs means an action
or set of actions taken by an individual, as specified in a case plan, intended
to promote the ability of one or both parents to achieve or maintain family stability
(see section (30) of this rule).

(32) "Financial institution"
means a bank, credit union, savings and loan association, investment trust, or other
organization held out to the public as a place receiving funds for deposit, savings,
checking, or investment.

(33) "Homeless" in the ERDC
program means lacking a fixed regular and adequate nighttime residence and includes
living in an emergency shelter, shared housing with others due to loss of housing
or economic hardship, staying in motels, cars, parks, public places, tents, trailers,
or other similar settings.

(34) "Income producing property"
means:

(a) In all programs except
OSIP, OSIPM, and QMB, real or personal property that generates income for the financial
group (see OAR 461-110-0530). Examples of "income producing property" are:

(A) Livestock, poultry, and
other animals.

(B) Farmland, rental homes
(including a room or other space in the home or on the property of a member of the
financial group), vacation homes, and condominiums.

(b) In the OSIP, OSIPM, and
QMB programs, "income-producing property" means any real or personal property not
used in self-employment (see OAR 461-145-0600 and 461-145-0915) that produces income
for the financial group. "Income-producing property" includes:

(A) Livestock, poultry, or
other animals that produce marketable products sold by the financial group.

(B) Farmland not excluded
under OAR 461-145-0220 that is farmed or rented out by the financial group.

(C) Real property other than
the home (including vacation homes and condominiums), that is rented out.

(c) In the OSIP, OSIPM, and
QMB programs, "income-producing property" does not include:

(a) In all programs, the
first month a benefit group (see OAR 461-110-0750) is eligible for a program benefit
in Oregon after a period during which the group is not eligible.

(b) In all programs except
the SNAP program, the first month a benefit group is eligible for a program benefit
after there has been a break in the program benefit of at least one full calendar
month. If benefits are suspended for one month, that is not considered a break.

(c) In the SNAP program:

(A) The first month for which
the benefit group is certified following any period during which they were not certified
to participate, except for migrant and seasonal farm workers (see OAR 461-001-0015).

(B) For migrant and seasonal
farmworkers, the first month for which the benefit group is certified following
any period of one month or more during which they were not certified to participate.

(d) For a new applicant to
the OSIP or OSIPM program applying for care in a nonstandard living arrangement
(see section (45) of this rule), for the purposes of calculating the correct divisor
in OAR 461-140-0296, the month in which the individual would have been eligible
had it not been for the disqualifying transfer of assets (see section (5) of this
rule).

(e) For a current recipient
of the OSIP or OSIPM program receiving or applying for care in a nonstandard living
arrangement, for the purpose of calculating the correct divisor in OAR 461-140-0296,
the later of the following:

(A) The month the disqualifying
transfer occurred.

(B) The month of application
for long-term care (see section (40) of this rule) services if the individual would
have been eligible had it not been for the disqualifying transfer of assets.

(36) "In-kind income" means
income in a form other than money (such as food, clothing, cars, furniture, and
payments made to a third party).

(b) Except in the SNAP program,
the common law of the state in which the two individuals previously resided while
meeting the requirements for common law marriage in that state; or

(c) The laws of a country
in which the two individuals previously resided while meeting the requirements for
legal or cultural marriage in that country.

(38) "Life estate" means
the right to property limited to the lifetime of the individual holding it or the
lifetime of some other individual. In general, a "life estate" enables the owner
of the "life estate" to possess, use, and obtain profits from property during the
lifetime of a designated individual while actual ownership of the property is held
by another individual. A "life estate" is created when an individual owns property
and then transfers ownership to another individual while retaining, for the rest
of the individual's life, certain rights to that property. In addition, a "life
estate" is established when a member of the financial group purchases a "life estate"
interest in the home of another individual.

(39) "Lodger" means a member
of the household group (see OAR 461-110-0210) who:

(a) Is not a member of the
filing group (see OAR 461-110-0310); and

(b) Pays the filing group:

(A) In all programs except
the OSIP, OSIPM, and QMB programs, for room and board.

(B) In the OSIP, OSIPM, and
QMB programs, for room with or without board.

(40) "Long term care" means
the system through which the Department provides a broad range of social and health
services to eligible adults who are aged, blind, or have disabilities for extended
periods of time. This includes nursing homes and state hospitals (Eastern Oregon
and Oregon State Hospitals).

(41) "Lump-sum income" means
income received too infrequently or irregularly to be reasonably anticipated, or
received as a one-time payment. "Lump-sum income" includes:

(a) Retroactive benefits
covering more than one month, whether received in a single payment or several payments.

(b) Income from inheritance,
gifts, winnings, and personal injury claims.

(42) "Marriage" means the
union of two individuals who are legally married (see section (37) of this rule).

(43) "Microenterprise" means
a sole proprietorship, partnership, or family business with fewer than five employees
and capital needs no greater than $35,000.

(44) "Minor parent" in the
ERDC and TANF programs means a parent under the age of 18.

(45) "Nonstandard living
arrangement" is defined as follows:

(a) In the GA, OSIP, OSIPM,
and QMB programs, an individual is considered to be in a "nonstandard living arrangement"
when the individual is applying for or receiving services in any of the following
locations:

(A) A nursing facility in
which the individual receives long-term care services paid with Medicaid funding,
except this subsection does not apply to a Medicare client in a skilled-stay nursing
facility.

(B) An intermediate care
facility for the mentally retarded (ICF/MR).

(C) A psychiatric institution,
if the individual is not yet 21 years of age or has reached the age of 65.

(D) A community based care
(see section (16) of this rule) setting, except a State Plan Personal Care (SPPC)
setting is not considered a "nonstandard living arrangement".

(b) In all programs except
GA, OSIP, OSIPM, and QMB, "nonstandard living arrangement" means each of the following
locations:

(A) Foster care.

(B) Residential Care facility.

(C) Drug or alcohol residential
treatment facility.

(D) Homeless or domestic
violence shelter.

(E) Lodging house if paying
for room and board.

(F) Correctional facility.

(G) Medical institution.

(46) "OCCS" is the Office
of Client and Community Services, part of the Medical Assistance Programs under
the Oregon Health Authority responsible for OCCS medical program eligibility policy,
community outreach, OCCS Medical Program eligibility determinations, and the OHA
Customer Service Call Center.

(a) For all programs except
the SNAP program, any month following the initial month (see section (35) of this
rule) of eligibility, if there is no break in the program benefit of one or more
calendar months.

(b) For the SNAP program,
any month in the certification period (see section (14) of this rule) following
the initial month of eligibility.

(49) "Parent" for all programs
except JPI (see OAR 461-135-1260) and the SNAP program means the biological or legal
mother or father of an individual or unborn. For JPI and the SNAP program, "parent"
means the biological or legal mother or father of an individual.

(a) If the mother lives with
a male and either she or the male claims that he is the father of the child or unborn,
and no one else claims to be the father, he is treated as the father even if paternity
has not been legally established.

(b) A stepparent relationship
exists if:

(A) The individual is legally
married to the child's biological or adoptive parent; and

(B) The marriage has not
been terminated by legal separation, divorce, or death.

(c) A legal adoption erases
all prior legal and blood relationships and establishes the adoptive parent as the
legal parent. However, the biological parent is also considered a "parent" if both
of the following are true:

(A) The child lives with
the biological parent; and

(B) The legal parent has
given up care, control, and supervision of the child.

(50) "Payment month" means,
for all programs except EA, the calendar month for which benefits are issued.

(51) "Payment period" means,
for EA, the 30-day period starting with the date the first payment is issued and
ending on the 30th day after the date the payment is issued.

(52) "Periodic income" means
income received on a regular basis less often than monthly.

(53) "Primary person" for
all programs except the SNAP program, means the filing group member who is responsible
for providing information necessary to determine eligibility and calculate benefits.
The "primary person" for individual programs is as follows:

(a) In the TANF program,
the parent or caretaker relative.

(b) In the ERDC program,
the caretaker.

(c) In the SNAP program,
see OAR 461-001-0015.

(d) In the GA, OSIP, OSIPM,
QMB, REF, and REFM programs, the client or client's spouse.

(a) Issued while the individual
was a resident in Oregon on January 1, 2008 or later; or

(b) Issued in another state
while the individual was a resident of that state on or after the effective date
of that state's federally approved State Plan Amendment to issue qualified partnership
policies.

(55) "Real property" means
land, buildings, and whatever is erected on or affixed to the land and taxed as
"real property".

(57) "Safe homes" mean private
homes that provide a few nights lodging to victims of domestic violence. The homes
must be recognized as such by the local domestic violence agency, such as crisis
hot lines and shelters.

(59) "Shelter in kind" means
an agency or individual outside the financial group provides the shelter of the
financial group, or makes a payment to a third party for some or all of the shelter
costs (see section (58) of this rule) of the financial group. "Shelter-in-kind"
does not include temporary shelter provided by a domestic violence shelter, homeless
shelter, or residential alcohol and drug treatment facilities or situations where
no shelter is being provided, such as sleeping in a doorway, park, or bus station.

(60) "Sibling" means the
brother or sister of an individual. "Blood related" means they share at least one
biological or adoptive parent. "Step" means they are not related by blood, but are
related by the marriage of their parents.

(61) "Spousal support" means
income paid (voluntarily, per court order, or per administrative order) by a separated
or divorced spouse to a member of the financial group.

(62) "Spouse" means an individual
who is legally married to another individual.

(63) "Stable income" means
income that is the same amount each time it is received.

(64) "Standard living arrangement"
means a location that does not qualify as a nonstandard living arrangement.

(65) "Teen parent" means,
for TANF and JOBS, a parent under the age of 20 who has not completed a high school
diploma or GED.

(66) "Timely continuing benefit
decision notice" means a decision notice that informs the individual of the right
to continued benefits and is mailed no later than the time requirements in OAR 461-175-0050.

(67) "Trust funds" mean money,
securities, or similar property held by an individual or institution for the benefit
of another individual.

(68) "USDA meal reimbursements"
mean cash reimbursements made by the Oregon Department of Education for family day-care
providers who serve snacks and meals to children in their care.

(69) "Variable income" means
earned or unearned income that is not always received in the same amount each month.

(1) Acronyms are frequently used when
referring to a program. There is an acronym for each umbrella program and acronyms
for each subprogram.

(2) When no program acronym
appears in a rule in chapter 461 of these rules, the rule with no program acronym
applies to all programs listed in this rule. If a rule does not apply to all programs,
the rule uses program acronyms to identify the programs to which the rule applies.

(3) Wherever an umbrella
acronym appears, that means the rule covers all the subprograms under that code.

(4) CAWEM; Citizen/Alien-Waived
Emergent Medical. Medicaid coverage of emergent medical needs for individuals who
are not eligible for other medical programs solely because they do not meet citizenship
and alien status requirements.

(9) HSP; Housing Stabilization
Program. A program that helps low-income families obtain stable housing. The program
is operated through the Housing and Community Services Department through community-based,
service-provider agencies. The Department's rules for the program (OAR 461-135-1305
to 461-135-1335) were repealed July 1, 2001.

(10) JOBS; Job Opportunity
and Basic Skills. An employment program for TANF clients. JOBS helps these clients
attain self-sufficiency through training and employment. The program is part of
Welfare Reform.

(11) JOBS Plus. Provides
subsidized jobs rather than SNAP or TANF benefits. For TANF clients, JOBS Plus is
a component of the JOBS Program; for SNAP clients and noncustodial parents of children
receiving TANF, it is a separate employment program. Eligibility for TANF clients,
SNAP clients, and noncustodial parents of children receiving TANF is determined
by the Department. Eligibility for UI recipients is determined by the Oregon State
Employment Department. When used alone, JOBS Plus includes only clients whose JOBS
Plus program participation is through the Department of Human Services. JOBS Plus
administered through the Oregon State Employment Department is known in chapter
461 of the Oregon Administrative Rules as Oregon Employment Department UI JOBS Plus.
The following acronyms are used for specific categories:

(a) TANF-PLS; Clients eligible
for JOBS Plus based on TANF.

(b) SNAP-PLS; Clients eligible
for JOBS Plus based on SNAP.

(c) NCP-PLS; Noncustodial
parents of children receiving TANF.

(12) JPI; Job Participation
Incentive. An additional $10 food benefit to help increase the ability of parents
with children, who meet federal TANF participation rate, to meet the nutritional
needs of their families.

(13) LIS; Low-Income Subsidy.
The Low-Income Subsidy program is a federal assistance program for Medicare clients
who are eligible for extra help meeting their Medicare Part D prescription drug
costs.

(14) OFSET. The Oregon Food
Stamp Employment Transition Program, which helps SNAP program benefit recipients
find employment. This program is mandatory for some SNAP program benefit recipients.

(15) OSIP; Oregon Supplemental
Income Program. Cash supplements and special need payments to individuals who are
blind, disabled, or 65 years of age or older. When used alone, OSIP refers to all
OSIP programs. The following acronyms are used for OSIP subprograms:

(a) OSIP-AB; Oregon Supplemental
Income Program - Aid to the Blind.

(b) OSIP-AD; Oregon Supplemental
Income Program - Aid to the Disabled.

(c) OSIP-EPD; Oregon Supplemental
Income Program - Employed Persons with Disabilities program. This program provides
Medicaid coverage for employed persons with disabilities with adjusted income less
than 250 percent of the Federal Poverty Level.

(d) OSIP-OAA; Oregon Supplemental
Income Program - Old Age Assistance.

(16) OSIPM; Oregon Supplemental
Income Program Medical. Medical coverage for elderly and disabled individuals. When
used alone, OSIPM refers to all OSIP-related medical programs. The following codes
are used for OSIPM subprograms:

(a) OSIPM-AB; Oregon Supplemental
Income Program Medical — Aid to the Blind.

(b) OSIPM-AD; Oregon Supplemental
Income Program Medical — Aid to the Disabled.

(c) OSIPM-EPD; Oregon Supplemental
Income Program Medical — Employed Persons with Disabilities program. This
program provides Medicaid coverage for employed persons with disabilities with adjusted
income less than 250 percent of the Federal Poverty Level.

(d) OSIPM-OAA; Oregon Supplemental
Income Program Medical — Old Age Assistance.

(17) The Post-TANF program
provides a monthly transitional payment to employed clients who are no longer eligible
for the Pre-TANF or TANF programs due to earnings, and meet the other eligibility
requirements.

(18) The Pre-TANF program
is an up-front assessment and resource-search program for TANF applicant families.
The intent of the program is to assess the individual's employment potential; determine
any barriers to employment or family stability; develop an individualized case plan
that promotes family stability and financial independence; help individuals find
employment or other alternatives; and provide basic living expenses immediately
to families in need.

(19) QMB; Qualified Medicare
Beneficiaries. Programs providing payment of Medicare premiums and one program also
providing additional medical coverage for Medicare recipients. Each of these programs
also is considered to be a Medicare Savings Program (MSP). When used alone in a
rule, QMB refers to all MSP. The following codes are used for QMB subprograms:

(b) QMB-DW; Qualified Medicare
Beneficiaries - Disabled Worker. Payment of the Medicare Part A premium for individuals
under age 65 who have lost eligibility for Social Security disability benefits because
they have become substantially gainfully employed.

(c) QMB-SMB; Qualified Medicare
Beneficiaries - Specified Limited Medicare Beneficiary. Payment of the Medicare
Part B premium only. There are no medical benefits available through QMB-SMB.

(d) QMB-SMF; Qualified Medicare
Beneficiaries - Qualified Individuals. Payment of the Medicare Part B premium only.
There are no medical benefits available through QMB-SMF. This program has a 100-percent
federal match, but also has an allocation that, if reached, results in the closure
of the program.

(22) The Repatriate Program
helps Americans resettle in the United States if they have left a foreign land because
of an emergency situation.

(23) SFDNP; Senior Farm Direct
Nutrition Program. Food vouchers for low-income seniors. Funded by a grant from
the United States Department of Agriculture.

(24) SFPSS; State Family
Pre-SSI/SSDI Program. A voluntary program providing cash assistance and case management
services to families when at least one TANF eligible adult in the household has
an impairment (see OAR 461-125-0260) and is or will be applying for Supplemental
Security Income (SSI) or Social Security Disability Insurance (SSDI).

(25) SNAP; Supplemental Nutrition
Assistance Program. Helps low-income households maintain proper nutrition by giving
them the means to purchase food. SNAP used to be known as FS or Food Stamps; any
reference to SNAP also includes FS and Food Stamps.

(27) TANF; Temporary Assistance
for Needy Families. Cash assistance for families when children in those families
are deprived of parental support because of continued absence, death, incapacity,
or unemployment.

The SNAP Employment and Training program
consists of three types of employment programs: the Oregon Food Stamp Employment
Transition (OFSET) program, the 50 percent (50/50) reimbursement program, and the
able-bodied adults without dependents (ABAWD) employment program. For limitations
in the SNAP Employment and Training programs, see OAR 461-190-0310. The following
definitions apply to rules about the SNAP Employment and Training programs in OAR
chapter 461:

(1) "Assessment" means an
activity that involves gathering information to identify a client's strengths, interests,
family circumstances, status in the Employment and Training programs, goals, and
vocational aptitudes and preferences and to mutually determine an employment goal,
the level of the client's participation in the Employment and Training programs,
and which support services are needed to be able to participate in the components
and activities.

(2) "Case plan", also called
a personal plan or personal development plan, means a written outline, developed
together by the client and Department staff or contactor staff listing activities
for the client. The components and activities are identified during the assessment
(see section (1) of this rule) and are intended to reduce the effect of barriers
to the client's self-sufficiency, employment, job retention, and wage enhancement.
The "case plan" also identifies the support services the Department will make available
to help the client complete the plan.

(3) "Case management" means
the ongoing provision by the contractor to the participant of encouragement, advocacy,
and resource referrals for issues and barriers to eventual successful employment
as those issues and barriers arise or may be anticipated.

(4) "Education" means a component
that improves basic skills or employability and has a direct link to employment.
"Education" includes a wide range of activities including, but not limited to, English
as a second language (ESL) instruction, high school attendance, and, for individuals
21 and over, high school or equivalent educational programs. In the 50/50 program
only, this activity could also include post-secondary education.

(5) "Job search" means a
component that focuses on clients looking for and obtaining employment.

(6) "Job skills training"
means a component that includes training designed to improve skills in locating
and competing for employment in the local labor market and may include writing resumes
and receiving instruction in interviewing skills.

(a) Participation in a program
of the Workforce Innovation and Opportunity Act (WIOA).

(b) A program authorized
by section 236 of the Trade Act of 1974 (19 U.S.C. 2296).

(c) Sheltered work or supported
work: A component that gives clients intensive staff support, skill training, intervention,
and counseling that will enable them to function independently at work.

(d) Vocational training:
An education component that is designed to provide classroom training in vocational
and technical skills or equivalent knowledge and abilities in a specific job area.
Examples are Project Independence, Women in Transition, and Nurses Aid certification.

(e) Workfare: See OAR 461-190-0500.

(f) Work experience: A component
designed to improve the employability of participants through actual work experience
or training. This component is available in the 50/50 program only.

(g) Job retention: A component
intended to provide support services for up to 90 days to clients who have secured
employment. This component is available in the 50/50 program only.

(3) "Assessment" means an
activity of the program entry (see section (30) of this rule) component that involves
gathering information to identify the strengths, interests, family circumstances,
status in the JOBS program, and vocational aptitudes and preferences of the individual
and to mutually determine an employment goal, the level of participation of the
individual in the JOBS program, and which support services (see section (37) of
this rule) are needed. This activity includes providing screenings and evaluations
(if appropriate) to determine the level of participation, accommodation, and modification
for the individual in the JOBS program. The screenings include, but are not limited
to, physical and mental health needs, substance abuse, domestic violence, and learning
needs.

(4) "Barrier" means a personal
condition or circumstance that reduces the likelihood the individual will become
employed or the ability of the individual to participate in an activity listed in
the case plan.

(5) "Basic education" means
a component of non-core activities (see section (25) of this rule) intended to ensure
functional literacy for all JOBS clients. "Basic education" activities are high
school attendance, English as a second language (ESL) (see section (15) of this
rule) instruction, job skills training (see section (21) of this rule), adult basic
education (ABE) (see section (2) of this rule) instruction, and services that result
in obtaining a general equivalency diploma (GED). The component is discussed in
OAR 461-190-0171 and 461-190-0181.

(6) "Case plan" (formerly
also known as an employment development plan (EDP), a personal plan, or personal
development plan) means a written outline, developed in partnership by the individual
and case manager, with input from partners as appropriate, listing activities and
goals for the individual. The "case plan" also identifies the support service payments,
accommodations, and modifications to help the individual complete the plan. The
DHS 1543 - Domestic Violence Assistance Agreement - is the "case plan" for individuals
with safety concerns about domestic violence (see OAR 461-001-0000).

(7) "Community service program"
means an activity in the unpaid employment (see section (39) of this rule) component
in which the individual works without pay at a job site to enhance the likelihood
the individual will become employed and perform work for the direct benefit of the
community. This activity is available through nonprofit organizations or public
agencies.

(8) "Component" means a set
of one or more activities of the JOBS program including paid unsubsidized employment
(see section (28) of this rule), paid subsidized employment (see section (27) of
this rule), unpaid employment, vocational training (see section (41) of this rule),
job search and readiness (see section (20) of this rule), and basic education activities.

(9) "Core activities" means
federally defined countable work activities including paid unsubsidized employment;
paid subsidized employment; work experience (see section (42) of this rule); on-the-job
training (see section (26) of this rule); job search and readiness; community service
program (see section (7) of this rule); vocational training; and providing child
care services to a community service program participant (see section (32) of this
rule).

(11) "Degree Completion Initiative
(DCI)" means an activity in which a limited number of TANF recipients may participate
for up to 12 months to complete an educational degree at a two- or four-year educational
institution.

(12) "Drug and alcohol services"
means an activity in the job search and readiness component that provides substance
abuse screenings and evaluations, outpatient or resident treatment, and support
groups such as AA or NA.

(13) "Employer contact" means
client communication with an employer or employer's representative through a visit,
phone call, or mail to request consideration for employment.

(14) "Employment Payments"
means three transitional payments totaling $225.00 paid as provided in OAR 461-135-1270
to a benefit group (see OAR 461-110-0750) with employment income to help transition
families off TANF program services.

(15) "English as a second
language (ESL)" means an activity in the basic education component. "ESL" classes
are designed to give individuals with limited English proficiency better working
skills in the language.

(16) "Fair Labor Standards
Act (FLSA)" means the law that applies to subject employers with individuals working
in the unpaid employment component. "FLSA" requires that individuals engaged in
unpaid employment, in effect, may not "work off" their SNAP and TANF benefits at
an hourly rate less than the state minimum wage.

(18) "High School or GED
Completion Attendance" means an activity in the basic education component that involves
attendance at a secondary school or in a course of study that leads to the completion
of the GED.

(19) "Job search (initial
or regular)" means an activity in the job search and readiness component that focuses
on clients looking for and obtaining employment designed to improve skills in locating
and competing for employment in the local labor market and may include writing resumes,
receiving instruction in interviewing skills, and participating in group and individual
"job search". There are two categories of "job search": "initial job search" and
"regular job search". "Initial job search" may occur during the Pre-TANF program.
"Regular job search" begins not later than the day after the Department finds the
individual eligible for TANF benefits.

(20) "Job search and readiness"
means a component designed to prepare individuals to compete in the local labor
market. Job search (see section (19) of this rule), life skills (see section (23)
of this rule), drug and alcohol services (see section (12) of this rule), mental
health services (see section (24) of this rule), and rehabilitation activities (see
section (33) of this rule) are the activities of the "job search and readiness"
component.

(21) "Job skills training"
means an activity in the basic education component designed to provide classroom
training in vocational and technical skills or equivalent knowledge and abilities
in a specific job area.

(22) "JOBS Plus program (JOBS
Plus)" means an activity in the paid subsidized employment component that provides
TANF clients with on-the-job training and pays their benefits as wages (see OAR
461-190-0401 to 461-190-0426).

(23) "Life skills" means
an activity of the job search and readiness component. The activity develops employment-preparation
skills and skills and attitudes that are commonly found in the workplace.

(25) "Non-core activities"
means federally defined countable work activities that include job skills training
directly related to employment; education directly related to employment; and satisfactory
school attendance at a secondary level or leading to a GED.

(26) "On-the-job training
(OJT)" means an activity in the paid subsidized employment component in which an
individual works for an employer for a contracted period. The employer trains the
individual and is reimbursed by the Department, usually at 50 percent of the wages
of the participant, for those training costs.

(27) "Paid subsidized employment"
means a component in which individuals are employed in a subsidized public or private
sector job. JOBS Plus (see section (22) of this rule), work supplementation (see
section (43) of this rule), and on-the-job training are the activities in the "paid
subsidized employment" component.

(28) "Paid unsubsidized employment"
means a component in which individuals are employed full- or part-time in an unsubsidized
job and receiving TANF benefits. Unsubsidized employment is a job that is not subsidized
by TANF or any other public program. The UN work program (see section (40) of this
rule) and microenterprise (see OAR 461-001-0000) are the activities in the paid
unsubsidized employment component.

(29) "Parents as Scholars
(PAS)" means a JOBS program component that assists TANF parents who are or will
be undergraduates to begin or continue their education at a two- or four-year educational
institution (see OAR 461-190-0199).

(30) "Program entry" means
an activity that includes all the activities that prepare an individual to actively
participate in the JOBS program including, but not limited to, assessment (see section
(3) of this rule) and writing the initial case plan.

(31) "Progress (good or satisfactory)"
means, for federal reporting purposes, an individual participating in an education
or training activity makes "good progress" or "satisfactory progress" by receiving
a passing grade or progressing toward completion of high school or GED completion
at no less than the normal rate of a half-time student.

(32) "Providing child care
services to a community service program participant" means an activity in the unpaid
employment component.

(33) "Rehabilitation activities"
means an activity in the job search and readiness component that provides medical
or therapeutic screenings, assessments, and treatment. This activity also includes
medical management and support groups.

(34) "Self-initiated training
(SI)" means a JOBS program component that is training needed to be competitive in
the job market. Participation in this component is limited to six months. The component
may be used to extend an approved vocational training activity.

(35) "Supported work" means
an activity in the unpaid employment component that gives individuals intensive
staff support, skill training, intervention, and counseling that will enable them
to function independently at work.

(38) "Transition services"
means services included in an individual's case plan when the individual becomes
employed or becomes ineligible for cash benefits because of an increase in income
or resources.

(39) "Unpaid employment"
means a component in which an individual is placed in an unpaid job to develop good
work habits, training, and knowledge to obtain employment. Employment may be in
the private or public sector or through a work simulation program. Work experience,
community service program, providing child care services to a community service
program participant, and supported work (see section (35) of this rule) are the
activities of the "unpaid employment" component.

(40) "UN work program" means
an activity in the paid unsubsidized employment component in which TANF clients
work in unsubsidized employment and may also participate in another JOBS work site
training activity.

(41) "Vocational training"
means an activity and component of the JOBS program that provides JOBS participants
with up to 12 months access to specific "vocational training" that will lead to
a career with an appropriate wage level and opportunity for employment.

(42) "Work experience" means
an activity in the unpaid employment component in which the individual works without
pay at a job site to develop good work habits and basic vocational skills that enhance
the likelihood the individual will become employed. "Work experience" is available
through private for-profit businesses, nonprofit organizations, or public agencies.

(43) "Work supplementation"
means an activity in the unpaid employment component that is up to six months of
work-site training provided by an employer. The component and activity are both
called "work supplementation". In "work supplementation", the Department subsidizes
the wages of the participant by providing up to $200 per month to the employer.

Definitions; OSIP, OSIPM Long-Term
Care or Home and Community-Based Care

These terms apply to rules in Chapter
461 about OSIP and OSIPM long-term care and home and community-based care clients:

(1) Community spouse: An individual who is legally married (see OAR 461-001-0000) to an institutionalized
spouse and is not in a medical institution or nursing facility.

(2) Continuous period
of care: Reside for a period of at least 30 consecutive days or until death
in a long term care facility, home and community-based care setting, or an acute
care hospital. There must be sufficient evidence to show there is a reasonable expectation
that the client will remain in care for at least 30 consecutive days. For the purposes
of this policy, an interruption in care (for example, leaving and then returning
to a nursing home, or switching from one type of care to another) that lasts less
than 30 days is not considered a break in the 30 consecutive days of care. A new
period of care begins if care is interrupted for 30 or more days.

(3) Eligible dependent:

(a) For cases with a community
spouse:

(A) An "eligible dependent"
is the child of the institutionalized spouse or community spouse and must also be
either a minor (under the age of 21) or 21 or older but still a dependent.

(B) A grandchild of the institutionalized
spouse or community spouse is not considered an "eligible dependent".

(C) An "eligible dependent"
is a dependent parent or sibling of the institutionalized spouse or community spouse
who is residing with the community spouse and claimed as a tax dependent by either
spouse.

(b) For cases without a community
spouse, an "eligible dependent" is a minor (under the age of 21) or dependent child
residing with and claimed as a tax dependent by the client.

(4) Home and community-based
care: Title XIX services needed to keep an individual out of a long-term care facility.
These services are:

The following definitions apply to the rules of the OSIP-EPD and OSIPM-EPD programs in Chapter 461:

(1) "Approved account" refers to a segregated account in a financial institution, the purpose of which is to save to use for future disability-related expenses that would increase the individual's independence and employment potential. Also included in this definition are accounts regulated by the Internal Revenue Code and used for retirement planning, such as IRAs, 401(k)s, TSAs, and KEOGHs.

(2) "Blind work expenses" (BWE) refer to those costs defined by SSA that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).

(3) "Disabled" or "has a disability" refers to having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by SSA when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.

(4) "Disability determination" refers to the process used to establish whether the individual's disability meets the definitions used by SSA in determining eligibility for SSI and SSDI.

(5) "Employment" refers to an ongoing work activity for which a client provides the Department with one of the following:

(6) "Employment and independence expense" (EIE) refers to the cost of any expense that can be reasonably expected to enhance the independence and employment potential of the individual.

(7) "Impairment related work expenses" (IRWE) refer to those costs defined by SSA that can be used as reductions to earned income. To be allowed, the item or service must be related to the impairment and necessary to enable the individual to perform the individual's job as defined in 20 CFR 416.976.

(8) "Participant fee" refers to the monthly payment that clients in the OSIP-EPD and OSIPM-EPD programs must make in order to be eligible for the OSIP-EPD and OSIPM-EPD programs (see OAR 461-160-0800).

(9) "Past relevant work" (PRW) refers to work done within the past 15 years, that was substantial gainful activity, and that lasted long enough for the worker to learn how to do it.

(10) "Substantial gainful activity" (SGA) refers to the term used by SSA to describe a level of work activity and earnings. In the OSIP-EPD or OSIPM-EPD programs, an individual is engaging in SGA if the earnings of the individual are at or above the OSIP-EPD or OSIPM-EPD income standard.

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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